UK - European distributor, supplier and specialist repairer of FANUC CNC Parts. OEM brand names and trademarks featured are the property of their respective authorised owners and for descriptive purposes only.
PENNINE AUTOMATION LIMITED- TERMS AND CONDITIONS OF SALE
This and the following are the general conditions of sale of Pennine Automation Ltd (hereinafter called "the Company") applicable to all sales of its products and or its services.
All orders for the Company's products and/or its services accepted by the Company from its customer are accepted only on the basis that these general conditions of sale shall apply to such order. The Company will in no circumstances accept any variation or exception to these general conditions of sale, and no term in the customer's order form shall affect these conditions nor be accepted by the Company. Acceptance by the customer of a delivery of the Company's product and/or services shall be deemed to be acceptance of these general conditions of sale.
Any customers jobs/parts left on The Company’s premises for two months will be disposed of without prior notice.
Service Exchange items not returned within 7 days will be charged for at full manufacturer’s prices. Items returned and found to be uneconomical to repair will be charged for at full manufacturer’s replacement prices. Spares Warranty: New parts are covered by 12 months warranty unless stated otherwise. Service Exchange parts covered by 6 months warranty. Cancelled orders/Refund Policy: Items specifically bought in for orders and new items being supplied cannot be returned for refund. Other goods returned to Pennine for any reason e.g. ‘not required’, ‘fault found elsewhere’ etc. whether used or not will be charged at 50% of order value to cover re-stocking and testing only If returned within 5 days from ship date. The 50% credit will only apply provided the part(s) returned are not damaged as described below in ‘warranty is void if: items (1,2,3,4,5,)’. In the event the part(s) are damaged the full manufacturers replacement price will apply. Warranty is void if: (1) the unit is tampered with. (2) damage is due to physical abuse. (3) damage is due to failure of another machine part. (4) damage is due to lightning. (5) damage is due to not being fitted by qualified personnel. (6) Warranty will be void if service exchange items are not returned within 7 day period (see above). All faulty parts must be returned (at customers cost) within warranty period. We will repair or provide replacement if in stock. Service visits are subject to minimum four hour charge
The Customers shall adhere to the terms of payment set out in the Company's Quotation which quotation shall be deemed to have been accepted by the Customer in all aspects when placing the order with the Company. The Company reserves the right to delay delivery without incurring any liability to the Customer where the Customer has failed to meet such terms of payment.
4. Reservation of Title Ownership
(a) Under these conditions of sale the Customer agrees that notwithstanding delivery of any of the Company's products the property in the products so delivered and so far as the same shall not have been resold by the Customer shall remain in the Company until the Customer shall have paid in full for all products delivered, if such payment is overdue in whole or part the Company may (without prejudice to any of its other rights) recover or resell the products or any part thereof an may enter upon the Customer's premises for that purpose. If the products are mingled in the products so far as the same remain unconsumed and undelivered by the Customer shall nevertheless be and remain with the Company until such payment has been made PROVIDED THAT where any products are delivered under this Agreement have been sold by the Customer either in original form or mingled with some other products then the Customer shall be Trustee for the Company of the proceeds of sale thereof until such time as the Company shall have been paid in full for all products delivered whether the products shall have been wholly or partly sold by the Customer or not.
(b) Notwithstanding the provision in sub-clause (a) hereof the products shall be at the Customer's risk from the time when they ceased to be in the Company's possession and in particular when they are delivered into the possession of the Customer or into the possession or custody of a carrier, forwarding agent or other bailee or agent for the purpose of transmission whether such person is in contact with or instructed by the Company or its Customer.
(c) SUB-CLAUSE (a) and (b) hereof shall be deemed to be effective notwithstanding the lack of any necessary registration as an equitable charge under the provisions of Section 93 of the Companies Act 1948 or any re-enactment thereof.
The Customer shall inspect the Goods on receipt. The Company shall be under no liability in respect of damage to Goods or Software or incomplete delivery unless Customer’s written claim is received by the Company within 7 days of receipt of the Goods (or in the case of missing or undelivered goods, within 14 days of the due date of receipt), followed within 21 days of the Company’s request for such evidence of defect or shortage as the Company may reasonably request.
In the case of Goods for delivery outside UK the following conditions shall have effect and, in case of inconsistency with other Conditions herein, shall prevail:-
a) Payment shall be made in cash or by credit transfer at the date of order placement.
b) The risk of loss or damage to Goods shall pass to Customer immediately on appropriation to Customer’s order.
c) Customer shall satisfy himself and be entirely responsible for ensuring compliance with all Customs/import/export and/or trans-shipment regulations. The Company will assist the Customer by supplying all non-confidential or non-secret information reasonably required by Customer, but giving of such information shall not constitute a representation nor be regarded as having contractual effect.
7. Goods Controlled by Export Licences
The Goods including technical data are subject to UK and US export control laws and may be subject to export or import regulations in other countries. The Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licences to export, re-export or import Goods after delivery to the Customer.
8. Passing of Risk
NOTWITHSTANDING the provisions of the preceding conditions the goods shall be held at the Purchaser's risk when they cease to be in the Company's possession in particular when they are delivered into the possession or custody of a carrier forwarding agent or other bailee or agent for the purpose of transportation whether such person is in contact with or instructed by the Company or Purchaser.
9. Right to Cancel
THE Company shall be at liberty to cancel the order and stop the requested delivery or further deliveries whether accepted or not, or partially completed orders, if the Customer fails to adhere to these conditions or any of them, without prejudice to the rights of either party against the other for any liability arising in respect of the period prior to such cancellation.
10. Force Majeure
THE Company shall not be responsible for any failure to fulfil any terms of this agreement if fulfillment has been delayed hindered or prevented by any circumstances whatever not within the immediate control of the Company.
In particular without limiting the generality of the foregoing delivery may be delayed or suspended by the Company in the event of dispute or differences with workpeople, strikes, lock-outs, combinations of employees, fire, fog, accidents, complete or partial failure or interruption of transport facilities, war, civil commotion threats, compliance with any order or request of national provincial port or other public authority Acts of God or any other circumstances or contingencies of whatever kind which in the opinion of the Company prevents or delay or interferes with the Company's delivery of the goods.
No forbearance by the Company in any of the foregoing shall prejudice the rights of the Company under these provisions.
(a) Any express or implied condition statement or warranty statutory or otherwise is hereby excluded so far as is lawfully permitted under the provisions of the Unfair Contract Terms Act 1977 and in particular but without prejudice to the generality of the foregoing it shall be the responsibility of the Customer to determine whether the products are fit and suitable for any particular purpose of which same are to be used whether or not such purpose has been made known to the Company.
(b) The Company shall not be liable in respect of injury, loss or damage of any kind whatsoever and howsoever arising in the performance of its agreement with the Customer except to the extent that the same shall arise directly from the negligence of the Company its employees or agents unless acting on the direction of the Customer or his/her or their agents and in no event shall the Company be liable for any indirect or consequential loss or damage suffered by the Customer as a result of such negligence.
(c) In the event the Company shall be under no liability whatsoever, or howsoever, arising where products are used not in conformity with its, or its suppliers, recommendations.
ANY additional work or parts to be supplied by the Company to the Customer as a result of a request by the Customer to the Company shall not vary the quotation or these general conditions but shall be additional to the original quotation and not in substitution for same but shall be subject also to these general conditions of sale.
15. ALL quotations are exclusive of Value Added Tax, but value added tax shall be paid by the Customer thereon. (October 2006).
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